Georgia Abortion Law: Key Rules, Exceptions, and Penalties Explained
An in-depth look at how Georgia's abortion law shapes access, outlines provider responsibilities, and defines legal boundaries and consequences.
Georgia’s abortion law has undergone significant changes, drawing national attention and sparking ongoing legal and political debates. These laws affect those seeking abortions, healthcare providers, legal professionals, and advocacy groups across the state.
Legal Requirements
Georgia law restricts abortion based primarily on the detection of embryonic or fetal cardiac activity. The Living Infants Fairness and Equality (LIFE) Act prohibits most abortions once this activity, defined as “the steady and repetitive rhythmic contraction of the heart within the gestational sac,” can be detected.1Justia Law. Georgia Code § 16-12-141 (2024) – Restrictions on the Performance of Abortions
This determination typically occurs around six weeks into a pregnancy, measured from the woman’s last menstrual period, effectively limiting abortions after that point. Before performing an abortion, a physician must check for such cardiac activity. The LIFE Act, signed in 2019, faced immediate court challenges. After being initially blocked, it took effect in July 2022 following the U.S. Supreme Court’s decision overturning Roe v. Wade. Subsequent state court challenges have led to temporary blocks and reinstatements, but the law currently remains in effect while litigation continues.2Center for Reproductive Rights. SisterSong v. State of Georgia Litigation
Waiting Period and Consent
Georgia requires informed consent and a waiting period before an abortion. State law mandates a 24-hour waiting period between the time a patient receives specific information and the procedure itself.3Justia Law. Georgia Code § 31-9A-3 (2024) – Voluntary and Informed Consent to Abortion
During this period, the physician or a qualified agent must provide details about the medical risks of the specific procedure, the probable gestational age, the presence of cardiac activity if detected, and the risks of carrying the pregnancy to term. The consultation must allow the patient to ask questions. Patients must also be informed about potential eligibility for medical assistance for prenatal care and childbirth, the father’s child support obligations, and the availability of state-prepared materials describing fetal development and alternatives to abortion. These materials are accessible online or can be provided in print.4Georgia Department of Public Health. Woman’s Right to Know Booklet
For patients under 18 who are not legally emancipated, Georgia’s Parental Notification Act generally requires that a parent or legal guardian be notified at least 24 hours before the procedure. The minor still provides their own consent. A minor can petition a juvenile court for a waiver to bypass this parental notification requirement.
Provider Regulations
Only physicians licensed in Georgia are authorized to perform abortions. State law also regulates where abortions can occur. Procedures performed after the first trimester (approximately 12 weeks) must take place in a licensed hospital, a licensed ambulatory surgical center, or a health facility specifically licensed as an abortion facility by the Georgia Department of Community Health (DCH).
Physicians must determine if detectable cardiac activity is present before performing an abortion. State law allows individual physicians and medical facilities to object to participating in abortions based on moral or religious grounds without facing liability, though this does not apply to prescribing birth control.5Justia Law. Georgia Code § 16-12-142 (2024) – Objections by Medical Facilities or Physicians
Providers must submit reports to the Georgia Department of Public Health (DPH) for each abortion performed.6Justia Law. Georgia Code § 31-9B-3 (2022) – Required Reporting by Physicians These reports include details like the method used and, if cardiac activity was detected, the basis for any exception applied (such as medical emergency or rape). Facilities must also report annually on the method used for disposing of fetal remains.7Justia Law. Georgia Code § 16-12-141.1 (2024) – Disposal of Aborted Fetuses; Reporting Requirements This data is compiled into public statistical summaries while maintaining patient and physician confidentiality.
Exceptions
While the LIFE Act generally prohibits abortions after detectable cardiac activity, the law includes specific exceptions. An abortion is permitted in a “medical emergency,” defined as a situation where the procedure is necessary to prevent the pregnant woman’s death or a “substantial and irreversible physical impairment of a major bodily function.” This risk cannot be based solely on mental health concerns.
An exception also exists if the pregnancy is deemed “medically futile,” meaning the fetus has a condition “incompatible with sustaining life after birth.”
The law allows an exception for pregnancies resulting from rape or incest, but only if the gestational age is 20 weeks or less (post-fertilization age, typically 22 weeks from the last menstrual period) and an official police report alleging the crime has been filed.
Enforcement Measures
Enforcement involves several state bodies. The Department of Public Health monitors compliance through mandatory reporting by providers. Failure to submit required reports can lead to investigation and sanctions.
The Georgia Composite Medical Board, which licenses physicians, has the authority to investigate and discipline doctors who violate state laws or regulations related to medical practice, including abortion statutes. Actions can range from reprimands to license suspension or revocation.
Criminal enforcement is primarily handled by local district attorneys, who can investigate and prosecute alleged violations of the abortion restrictions. State law grants district attorneys access to relevant health records, though the scope of this access has faced legal challenges. The Georgia Attorney General defends the state law in court and may coordinate enforcement interpretations. Law enforcement agencies assist in investigations as needed.
Penalties
Performing an abortion that violates state restrictions, such as proceeding after detectable cardiac activity without a valid exception, is a felony in Georgia. A conviction carries a penalty of one to ten years in prison.8Justia Law. Georgia Code § 16-12-141 (2024) – Restrictions on the Performance of Abortions State law explicitly protects the woman undergoing the procedure from criminal liability; she may, however, sue the provider who performed an unlawful abortion.
Other violations, such as failing to comply with reporting requirements related to informed consent or the disposal of fetal remains, constitute a misdemeanor.9GA eLaws. Georgia Code § 31-9A-6.1 – Civil and Professional Penalties for Violations Misdemeanors in Georgia are generally punishable by up to 12 months in jail, a fine of up to $1,000, or both. Specific reporting failures regarding fetal remains disposal can result in fines up to $5,000.
In addition to potential criminal charges and fines, healthcare providers face professional consequences. Violations of abortion regulations, including informed consent rules, must be reported to the Georgia Composite Medical Board, which can impose disciplinary actions, including the suspension or revocation of a physician’s medical license.10Justia Law. Georgia Code § 43-34-8 (2024) – Authority to Discipline Medical Licensees
